The Veteran's claim for increased SMC based on need for higher level of aid and attendance is denied as he does not meet the criteria for receiving SMC at the maximum rate under 38 U.S.C.A. § 1114(o).
The deciding factor: The Veteran does not have anatomical loss of both arms so near the shoulder as to prevent use of a prosthetic appliance, and no conditions entitle him to two or more of the rates provided in 38 U.S.C.A. § 1114(l) through (n).
- Claimed conditions
- posttraumatic stress disorder, prostate cancer status post radical retropubic prostatectomy, shell fragment wound (SFW) of the right side of the face with residual temporomandibular joint syndrome, SFW on the right side of the face and forehead with residual headaches and metallic fragments, multiple metallic foreign bodies with right hip degenerative joint disease, SFW of the right thigh, tinnitus, right foot disability status post SFW with scar, left foot disability status post SFW with scar, status post SFW with calcific tendinitis of the left knee, status post SFW with calcific tendinitis of the right knee, SFW with metallic foreign body of the bilateral ankles, SFW of the right arm with injury to the radial nerve, SFW of the right calf, shell fragment wound of the left leg, SFW of the abdomen, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2017
- Citation
- 1733532
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1733532.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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